Seizure (attachment): a temporary freeze imposed from outside
A seizure (ყადაღა), also called attachment, is a restriction that a court, an enforcement officer or the tax authority places on a property to stop its owner from disposing of it, usually until a debt or claim is settled.
The core rule is in Article 63-1(1) of the Law of Georgia on Enforcement Proceedings (No 1908 of 16 April 1999): "Attachment of immovable property means taking inventory of such property and prohibiting the owner from disposing of it." Article 63-1(2) adds that all transactions on attached immovable property "shall be void after attachment". In civil cases, Article 198(2)(a) of the Civil Procedure Code lists attachment of the defendant's property as a provisional measure, and Article 19 of the Law on the Public Registry gives it its effect on the register.
The official English translations of these laws say "attachment", while this site says "seizure"; both render the one Georgian word ყადაღა. And neither means confiscation. The owner stays the owner: the property is frozen, not taken. Ownership passes only if the property is later sold at an enforcement auction or forfeited by a criminal court. Russian speakers know the same idea as "арест".
Four authorities, four legal routes to a seizure
| Imposed by | Purpose | Legal basis |
|---|---|---|
| Enforcement officer (National Bureau of Enforcement) | Collect a debt under an enforceable decision | Enforcement Law Arts. 54(3), 63-1 |
| Civil court | Secure a claim before or during a lawsuit | Civil Procedure Code Arts. 191 to 199-1 |
| Tax authority | Secure an acknowledged tax debt, without a court decision | Tax Code Art. 241(1) |
| Criminal court | Secure possible forfeiture in a criminal case | Criminal Procedure Code Art. 151 |
In enforcement, the registry records an attachment on the officer's document or report, or a bureau motion (Article 54(3)), sent "immediately" (Article 63-1(1)). A tax seizure under Article 241(2) of the Tax Code bans sale, mortgage, letting and other dealings; Article 241(3) allows a sale with the authority's written consent if the money goes to the tax debt.
In criminal cases, Article 151 of the Criminal Procedure Code lets a court seize property on a party's motion, for example to stop it being hidden or sold, and corruption and racketeering cases have their own paragraph. We read this only through secondary sources (GYLA and the University of Nottingham's asset database), and the article has been amended since 2022, so treat the detail as unconfirmed and ask a lawyer.
The civil-court attachment: fast, one-sided and proportionate
Chapter XXIII of the Civil Procedure Code ("Provisional Measures") is how a private claimant gets a flat frozen. It is built for speed:
- Proof of title first: an application to attach real estate must attach a Public Registry document showing that the defendant owns it (Article 191(2) to (3)).
- Before the lawsuit: in urgent cases the measure may come before the claim, which must then follow within 10 days (Article 192).
- Without warning: the court decides within a day and does not notify the defendant (Article 193); the ruling is enforced at once (Article 195).
- Proportion: the value of seized property "shall not significantly exceed the value of the claim" (Article 196-1(1)), and for registrable property that value is entered in the registration data (Article 196-1(5)).
- Counterweights: the defendant may appeal within 5 days (Article 194(3)); the court may require counter-security within up to 30 days, and a claimant who loses may owe damages (Article 199).
- End: the measure is cancelled when the case ends (Article 199-1).
Because the ruling is made without notice and executed immediately, a seller may not know of the attachment until it appears on the extract. See also our guide to property disputes.
What the registry does with a seizure, and the debtor list
The Public Registry keeps a separate Registry of Public-law Restrictions for seizures and prohibitions imposed by courts or administrative bodies (Law on the Public Registry, Article 19(1)). NAPR has registered such restrictions since 2005. Article 19(2) is the blocking rule: a registered restriction "shall rule out the registration of any other right/obligation", unless the document that imposed it says otherwise. Article 19(3) lists exceptions, such as registering the owner's legal successor. Civil Code Article 311(1) also lists attachment among Public Register entries.
A second tool works on the person rather than the flat. The Register of Debtors (Enforcement Law, Article 19-1) is an electronic public list of people against whom enforcement began on or after 1 January 2010. A debtor is listed as soon as enforcement opens, and anyone can get an extract by the next business day for a fee. Under Article 19-2(2), if a listed debtor later registers a property, NAPR must tell the enforcement bureau and suspend any further disposal of it, apart from a compulsory sale.
| Feature | Registered seizure | Debtor listing |
|---|---|---|
| Attaches to | A specific property | A person |
| Effect on a sale | Rules out other registrations | Suspends disposal of property the debtor registers later |
| Where to check | The property's extract | Register of Debtors extract |
Our guide to checking an owner online explains how to order a debtor-register extract.
How a seizure shows up on paper
- The registry extract. Article 10(1) of the Law on the Public Registry puts public-law restrictions on the same extract as ownership. The entry reads ყადაღა, or აკრძალვა (prohibition) for a ban on certain acts, and names the body that imposed it (a court, the National Bureau of Enforcement or the Revenue Service), the number and date of the ruling or report, and the date of registration. We could not confirm the exact heading of the restrictions part on a 2026 extract.
- The court ruling (განჩინება). A provisional-measures ruling states the measure and the value of the claim it secures (Civil Procedure Code, Article 194(1)); for registrable property that value also appears in the registration data.
- The enforcement officer's attachment report. Under Articles 47 and 48 of the Enforcement Law it records the time and place, a description and the market value of the items, sealing details and the signatures of those present.
A debtor-register flag on the owner can also appear on the extract (Order 487, Article 6(4)). Treat it as a warning even when no seizure is yet entered against the flat itself.
Worked example: an attachment appears before signing
An illustration of the statutory steps, not a real case: a buyer has signed a preliminary agreement. A fresh extract ordered on the eve of signing shows a new entry: ყადაღა, imposed by a civil court on a creditor's application, securing a claim worth a small part of the flat's value.
- Stop. The registry cannot register the sale while the restriction stands (Law on the Public Registry, Article 19(2)). No money should change hands.
- Read the ruling. The seller obtains the court ruling, which states the value of the secured claim (Civil Procedure Code, Article 194(1)).
- Test proportion. If the flat is worth far more than the claim, the seller can argue that the measure exceeds the claim (Article 196-1(1)) and ask the court to replace it with a deposit of the claimed sum (Article 196(3)).
- Cancel and register. Only when the court cancels the attachment and the cancellation is registered can the sale go ahead.
The buyer's real protection is the preliminary agreement: it should say what happens to the deposit, and who bears the delay, if a restriction appears.
Seizure versus confiscation, mortgage and tax lien
| Term | Who creates it | Effect on the owner |
|---|---|---|
| Seizure (ყადაღა) | Court, enforcement officer or tax authority | Keeps ownership but cannot dispose; registrations blocked |
| Confiscation (კონფისკაცია) | Criminal law | Ownership passes permanently to the State |
| Mortgage (იპოთეკა) | Owner and creditor, by contract | Free to sell; a promise not to sell is void (Civil Code Art. 294(4)) |
| Tax lien (საგადასახადო გირავნობა) | Tax authority, by law | Secures the tax debt and follows the property to a buyer (Tax Code Art. 239(5)) |
Two narrower civil measures sit beside attachment in Article 198(2) of the Civil Procedure Code: a prohibition of certain acts (198(2)(b)), which does not attach the property itself, and sequestration (198(2)(c)), which the Constitutional Court partly struck down in decision No 1/5/675,681 of 30 September 2016. A tax lien and a tax seizure are also different acts: the lien secures, the seizure under Article 241 freezes.
Seizure in five languages
| Language | Seizure (on property) | Tax lien |
|---|---|---|
| Georgian | ყადაღა | საგადასახადო გირავნობა |
| English | seizure (attachment) | tax lien |
| Russian | арест | налоговый залог |
| Hebrew | עיקול | שעבוד מס |
| Arabic | الحجز | الرهن الضريبي |
Georgian court rulings, enforcement reports and extracts use ყადაღა; the narrower ban on acts is აკრძალვა. In Russian, "арест" is the right word; "изъятие" means physical removal and is a different act. The Register of Debtors is მოვალეთა რეესტრი in Georgian and реестр должников in Russian.
Warning signs around a seized property
- "It will be lifted next week." Until the cancellation is registered, the restriction still rules out your registration (Article 19(2)).
- An old extract. A court can attach a flat in a day without notice, so an extract from last month proves little.
- A seller on the debtor list. Property a listed debtor registers is suspended from disposal (Enforcement Law, Article 19-2(2)); check the register before paying anything.
- A "specialist" auction of a seized flat. Article 302(7) of the Civil Code forbids it.
- Calling it confiscation. A translation that says the State has taken the flat misstates a temporary measure.
Our guide to real estate scams lists other signs; enforcement sales are covered in buying property at auction.
To be added by the team: scans for the team to add: a redacted extract showing a ყადაღა entry in the restrictions part, a redacted extract after its cancellation was registered, and a redacted Register of Debtors extract on the seller. Black out names, personal numbers, case numbers and cadastral codes.
Screening a property for seizure step by step
Order an extract the day before
Look for ყადაღა or აკრძალვა among the restrictions.
Check the seller on the debtor list
A Register of Debtors extract, by the next business day.
Get the ruling or report
It names the authority and the claim.
Wait for the cancellation
Registered, not promised.
Protect the deposit
A clause in the preliminary agreement.
Order a final extract on the day
Sign only on a clean result.
Frequently asked questions
Is a seizure the same as confiscation?
No. A seizure freezes the property and the owner keeps it; confiscation transfers ownership to the State.
Who can seize a flat in Georgia?
A civil court, an enforcement officer, the tax authority, or a criminal court in a criminal case.
Can a seized flat be sold?
Not while the restriction stands, except a tax-seized property sold with written consent to pay the tax debt.
Is the owner warned before a court attachment?
No. The court decides within a day without notifying the defendant, who may then appeal within 5 days.
Is a contract signed after attachment valid?
Under Enforcement Law Article 63-1(2), transactions on attached real estate are void after attachment.
When does a court attachment end?
It is cancelled when the case ends (Civil Procedure Code Article 199-1), and the cancellation must then be registered.
How do I check whether a seller is a listed debtor?
Order a Register of Debtors extract; it is issued by the next business day for a fee.
What if the seized property belongs to someone else?
A third person who owns it can sue for its release from attachment (Enforcement Law Article 32).
Sources
- Law of Georgia on Enforcement Proceedings (Articles 19-1, 19-2, 32, 47, 48, 54 and 63-1), Legislative Herald of Georgia (accessed 28 October 2026)
- Civil Procedure Code of Georgia (Articles 191 to 199-1), consolidated 24 June 2026, Legislative Herald of Georgia (accessed 28 October 2026)
- Law of Georgia on the Public Registry (Articles 10 and 19), Legislative Herald of Georgia (accessed 28 October 2026)
- Tax Code of Georgia (Articles 239 and 241), Legislative Herald of Georgia
- Civil Code of Georgia (Articles 294, 302 and 311), Legislative Herald of Georgia (accessed 28 October 2026)
- History of the agency, National Agency of Public Registry (accessed 28 October 2026)
- Opinion on the impounding of property, Georgian Young Lawyers' Association (accessed 28 October 2026)
- Georgia: seizure of assets in national proceedings, Criminal Justice and Asset Database, University of Nottingham (accessed 28 October 2026)
Change log
- - Glossary entry published from the Law on Enforcement Proceedings, the Civil Procedure Code, the Law on the Public Registry, the Tax Code, the Civil Code, the National Agency of Public Registry, GYLA and the University of Nottingham's Criminal Justice and Asset Database.